HomeMy WebLinkAboutOrdinance No. 02-1376 CITY OF THE COLONY, TEXAS
ORDINANCE NO. 0~' /ff~TfO
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH TEAGUE~ NALL~ AND PERKINS~ INC. FOR PROFESSIONAL
SERVICES FOR THE ENGINEERING PLANS FOR EASTVALE
WATERLINES AND FM 423; ATTACHING THE APPROVED FORM OF
CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized
to execute on behalf of the City a contract with Teague, Nall and Perkins, Inc. for professional
services for the engineering plans for Eastvale waterlines and FM 423. The approved form of
contract is attached hereto as Exhibit "A", and made a part hereof for such purposes.
SECTION 2. This Ordinance shall take effect immediately fi.om and after its passage by the
City Council of the City of The Colony, Texas.
DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas
this 3rd day of June 2002.
APPROVED:
f~vi~lle_i~M~ ~.-
Patti A. Hicks, TMRC, City Secretary
APPROVED AS TO FORM:
~~ on ~ike], Qi~tto~ey ~
AGREEMENT FOR
PROFESSIONAL ENGINEERING/SURVEYING SERVICES
THIS AGREEMENT entered into the ay of '~L~,~ 6. , 20~_~_"~Y and
between the CITY OF THE COLONY, TEXAS, hereinafter referred to as CITY
and TEAGUE NALL AND PERKINS, INC., hereinafter referred to as
UNDERSIGNED.
WHEREAS, CITY desires UNDERSIGNED to perform certain work and
services set forth in Scope of Services, marked Exhibit "A", and attached hereto
and incorporated herein.
WHEREAS, the UNDERSIGNED has expressed a willingness to perform
said work and services, hereinafter referred to only as "services", specified in
said Scope of Services, and enumerated under Article II of this Agreement.
NOW, THEREFORE, all parties agree as follows:
ARTICLE I
.GENERAL
UNDERSIGNED, shall furnish and pay for all labor, tools, materials,
equipment, supplies, transportation and management necessary to perform all
services set forth in Article II hereof for the CITY in accordance with the terms,
conditions and provisions of the Scope of Services, marked Exhibit "A", and
attached hereto and incorporated herein for all purposes. CITY may, at any time,
stop any services by the UNDERSIGNED upon giving UNDERSIGNED written
notice. UNDERSIGNED shall be bound to CITY by the terms, conditions and
responsibilities toward the CITY for UNDERSlGNED'S services set forth in this
Agreement.
ARTICLE II
SERVICES
A. The following services, when authorized in writing by a Notice to
Proceed, shall be performed by the UNDERSIGNED in accordance
with the CITY'S requirements:
SCOPE OF SERVICES
ENUMERATED IN EXHIBIT "A" ATTACHED
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B. UNDERSIGNED shall be responsible for the professional quality,
technical accuracy, and the coordination of all designs, drawings,
specifications, plans and other services furnished by UNDERSIGNED
under this Agreement. UNDERSIGNED shall, without additional
compensation, correct or revise any errors or deficiencies in the
design, drawings, specifications, plans and other services.
C. Neither CITY'S review, approval or acceptance of, not payment for any
of the services required under this Agreement, shall be construed to
operate as a waiver of any rights under this Agreement, and
UNDERSIGNED shall be and remain liable to the CITY in accordance
with applicable law for all damages to the CITY caused by the
UNDERSIGNED'S negligent performance of any of the services
furnished under this Agreement.
D. The rights and remedies of the CITY under this Agreement are as
provided by law.
ARTICLE III
PAYMENT
A. CITY shall pay UNDERSIGNED for all services authorized in writing
and properly performed by the UNDERSIGNED on the basis herein
described, subject to additions or deletions for changes or extras
agreed upon in writing.
B. Partial payment will be as stipulated in Exhibit "B" attached hereto and
incorporated herein.
C. Upon complete performance of this Agreement by the UNDERSIGNED
and final approval and acceptance of UNDERSIGNED'S service by the
CITY, CITY will make final payment to UNDERSIGNED of the balance
due under this Agreement within thirty (30) days of the following month
after final payment for such services has been billed by the
UNDERSIGNED.
D. CITY may deduct from any amounts due or to become due to the
UNDERSIGNED any sum or sums owing by the UNDERSIGNED to
the CITY. In the event of any breach by the UNDERSIGNED of any
provision or obligation of this Agreement, or in the event of the
assertion by other parties of any claim or lien against the CITY, or the
CITY'S premises, arising out of the UNDERSIGNED'S performance of
this Agreement, the CITY shall have the right to retain out of any
payments due or to become due to the UNDERSIGNED an amount
sufficient to completely protect the CITY from any and all loss, damage
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or expense therefrom, until the breach, claim or lien has been
satisfactorily remedied or adjusted by the UNDERSIGNED.
ARTICLE IV
TIME FOR PERFORMANCF
A. UNDERSIGNED shall perform all services as provided for under this
Agreement in a proper, efficient and professional, manner in
accordance with the CITY'S requirements. Both parties have agreed
to the provisions of this Agreement in anticipation of the orderly and
continuous progress of the project through completion of the Scope of
Services specified in Exhibit "A", attached hereto.
B. In the event UNDERSIGNED'S performance of this Agreement is
delayed or interfered with by acts of the CITY or others not under the
control of the UNDERSIGNED, the UNDERSIGNED may request an
extension of time for the performance of same as hereinafter provided,
but shall not be entitled to any increase in fee or price, or to damages
or additional compensation as a consequence of such delays unless
such delays exceed ninety (90) days.
C. No allowance of any extension of time, for any cause whatever, shall
be claimed or made to the UNDERSIGNED, unless the
UNDERSIGNED shall have made written request upon the CITY for
such extension within forty-eight (48) hours after the cause for such
extension occurred, and unless the CITY and the UNDERSIGNED
have agreed in writing upon the allowance of additional time to be
made.
D. The Parties agree that the services contracted for in this Agreement
shall be completed within thirty (30) days from the effective date of this
Agreement. The effective date is defined by Article XV.
ARTICLE V
DOCUMENTS
A. All instruments of service (including plans, specifications, drawings,
reports, designs, computations, computer programs, estimated,
surveys, other data or work items, etc.) prepared under this Agreement
shall be submitted for approval of the CITY. All instruments of service
shall be professionally sealed as may be required by law or by the
CITY.
B. Such documents of service, together with necessary supporting
documents, shall be delivered to the CITY, and the CITY shall have
unlimited rights, for the benefit of the CITY, in all instruments of
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3
service, including the right to use same on any other work of the CITY
without additional cost to the CITY. If, in the event the CITY uses such
instruments of service on any work of the CITY other than that
specified in the Scope of Services, attached as Exhibit "A", provided
the UNDERSIGNED completes this Agreement, under those
circumstances the CITY hereby agrees to protect, defend, indemnify
and hold harmless the UNDERSIGNED, their officers, agents, servants
and employees, from and against suits, actions, claims, losses, liability
or damage of any character, and from and against costs and
expenses, including, in part, attorney fees incidental to the defense of
such suits, actions, claims, losses, damages or liability on account of
injury, disease, sickness, including death, to any person or damage to
property including, in part, the loss of use resulting therefrom, arising
from any inaccuracy, such use of such instruments of service with
respect to such other work except where the UNDERSIGNED
participates in such other work.
C. The UNDERSIGNED agrees to and does hereby grant to the CITY a
royalty-free license to all such instruments of service, which the
UNDERSIGNED may cover by copyright, and to all designs as to
which the UNDERSIGNED may assert any rights or establish any
claim under the design patent or copyright laws. The UNDERSIGNED,
after completion of the project, agrees to furnish the originals of all
such instruments of service to the CITY.
D. All word documents supplied to the CITY as provided herein shall be in
Microsoft Word 98 or higher edition, or in a format compatible with the
aforementioned program. All plan documents shall be in AutoCAD 14
or higher version.
ARTICLE VI
TERMINATION
A. The CITY or the UNDERSIGNED may suspend or terminate this
Agreement for cause or without cause at any time by giving written
notice to the UNDERSIGNED. In the event suspension or termination
is without cause, payment to the UNDERSIGNED, in accordance with
the terms of this Agreement, will be made on the basis of services
reasonably determined by the CITY to be satisfactorily performed to
date of suspension or termination. Such payment will be due upon
delivery of all instruments of service to the CITY.
B. Should the CITY require a modification of its contract with the
UNDERSIGNED, and in the event the CITY and UNDERSIGNED fail
to agree upon a modification to this Agreement, the CITY and the
UNDERSIGNED shall have the option of terminating this Agreement.
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Payment to the UNDERSIGNED shall be made by the CITY in
accordance with the terms of this Agreement, for the services mutually
agreed upon by the CITY and the UNDERSIGNED to be properly
performed by the UNDERSIGNED prior to such termination date.
ARTICLE VII
INSURANCE
A. UNDERSIGNED shall provide and maintain Workers' Compensation
with statutory limits.
B. UNDERSIGNED shall provide and maintain in full force and effect
during the time of this Agreement, auto insurance (including, but not
limited to, insurance covering the operation of owned and non-owned
automobiles, trucks and other vehicles) protecting the UNDERSIGNED
and the CITY as an additional insured with limits not less than
250/500/100,000.
? C. UNDERSIGNED shall provide general Liability Insurance. Such
/ insurance covering personal and bodily injuries or death shall be in the
,./' sum of not less than Two Hundred Fifty Thousand ($250,000) Dollars
,'J per occurrence and Five Hundred Thousand ($500,000) Dollars
aggregate. Insurance covering damages to property shall be in the
sum of not less than One Hundred Thousand ($100,000) Dollars. The
General Liability Insurance must name the CITY as an additional
insured.
D. UNDERSIGNED shall also provide and maintain Professional Liability
Errors and Omissions Insurance coverage to protect the
UNDERSIGNED and the CITY from liability arising out of the
performance of professional services, if any, under this Agreement.
Such coverage shall be in the sum of not less than Three Hundred
Thousand ($300,000) Dollars per occurrence and Five Hundred
Thousand ($500,000) Dollars aggregate. Such insurance shall be kept
in effect for four (4) years after the completion of the contract. If the
UNDERSIGNED fails to maintain the insurance covered during that
time, the CITY may pay the premiums to keep the insurance in effect
and recover the cost from the UNDERSIGNED.
E. A signed Certificate of Insurance, satisfactory to the CITY, showing
compliance with the requirements of this Article shall be furnished to
the CITY before any services are performed. Such Certificate shall
provide thirty (30) days written notice to the CITY prior to the
cancellation or modification of any insurance referred to therein, and
continue to issue such certificate for four (4) years after completion of
the contract.
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ARTICLE VIII
INDEMNIFICATION FOR INJURY AND PERFORMANCF
UNDERSIGNED further specifically obligates itself to the CITY in the
following respects, to-wit:
The UNDERSIGNED hereby agrees to protect, indemnify and hold
harmless the CITY, their officers, agents, servants and employees (hereinafter
individually and collectively referred to as "lndemnitees"), from and against suits,
actions, claims, losses, liability or damage of any character, and from and against
costs and expenses, including, in part, attorney fees incidental to the defense of
such suits, actions, claims, losses, damages or liability on account of injury,
disease, sickness, including death, to any person or damage to property
including, in part, the loss of use resulting therefrom arising from any negligent
act, error, or omission of the UNDERSIGNED, its officers, employees, servants,
agents or subcontractors, or anyone else under the UNDERSIGNED'S direction
and control and arising out of, resulting from, or caused by the performance or
failure of performance of any work or services called for by this Agreement, or
from conditions created by the performance or non-performance of said work or
services. In the event one or more of the Indemnitees is determined by a court of
law to be jointly or derivatively negligent or liable for such damage or injury, the
UNDERSIGNED shall be obligated to indemnify Indemnitee(s) as provided
herein on a proportionate basis in accordance with the final judgment, after all
appeals are exhausted, determining such joint or derivative negligence or liability.
The UNDERSIGNED is not responsible for the actions of the CITY'S
contractor to perform the construction of the improvements covered under this
Agreement.
Acceptance and approval of the final plans by the CITY shall not constitute
nor be deemed a release of this responsibility and liability of the
UNDERSIGNED, its employees, associates, agents and consultants for the
accuracy or competency of their designs, working drawings and specifications, or
other documents and work; nor shall such approval be deemed to be an
assumption of such responsibility by the CITY for any defect in the designs,
working drawings and specifications, or other documents prepared by the
UNDERSIGNED, its employees, contractor, agents and consultants.
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ARTICLE IX
INDEMNIFICATION FOR UNEMPLOYMENT COMPENSATION
UNDERSIGNED agrees that it is an independent contractor and not an
agent of the CITY, and that the UNDERSIGNED is subject, as an employer, to all
applicable Unemployment Compensation Statutes, so as to relieve the CITY of
any responsibility or liability from treating the UNDEP, SIGNED'S employees as
employees of the CITY for the purpose of keeping records, making reports or
payments of Unemployment Compensation taxes or contributions. The
UNDEP,SIGNED further agrees to indemnify and hold the CITY harmless and
reimburse it for any expenses or liability incurred under said Statutes in
connection with employees of the UNDERSIGNED.
ARTICLE X
INDEMNIFICATION FOR PERFORMANCF
UNDERSIGNED shall defend and indemnify Indemnitees against, and
hold the CITY and the premises harmless, from any and all claims, suits or liens
based upon or alleged to be based upon the non-payment of labor, tools,
materials, equipment, supplies, transportation and management costs incurred
by the UNDERSIGNED in performing this Agreement.
ARTICLE XI
ASSIGNMENT
UNDERSIGNED shall not assign or sublet this Agreement or any part
thereof, without the written consent of the CITY. Sale of more than fifty (50%)
percent ownership of the UNDERSIGNED shall be construed as an assignment.
ARTICLE XII
APPLICABLE LAWS
UNDERSIGNED shall comply with all Federal, State, County and
Municipal laws, ordinances, regulations, safety orders, resolutions and building
codes, including the Americans With Disabilities Act, relating or applicable to
service to be performed under this Agreement.
This Agreement is performable in the State of Texas and shall be
governed by the laws of the State of Texas. Venue on any suit hereunder shall
be in Denton County, Texas.
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ARTICLE Xlll
DEFAULT OF UNDERSIGNED
In the event the UNDERSIGNED fails to comply or becomes disabled and
unable to comply with the provisions of this Agreement as to the quality or
character of the service or time of performance, and the failure is not corrected
within ten (10) days after written notice by the CITY to the UNDERSIGNED, the
CITY may, at its sole discretion without prejudice to any other right or remedy:
A. Terminate this Agreement and be relieved of the payment of any
further consideration to the UNDERSIGNED except for all work
determined by the CITY to be satisfactorily completed prior to
termination. Payment for work satisfactorily completed shall be for
actual costs, including reasonable salaries and travel expenses of the
UNDERSIGNED to and from meetings called by the CITY at which the
UNDERSIGNED is required to attend, but shall not include any loss of
profit of the UNDERSIGNED. In the event of such termination, the
CITY may proceed to complete the services in any manner deemed
proper by the CITY, either by the use of its own forces or by re-
submitting to others. In either event, the UNDERSIGNED shall be
liable for all costs in excess of the total contract price under this
Agreement incurred to complete the services herein provided for, and
the costs so incurred may be deducted and paid by the owner out of
such monies as may be due or that may thereafter become due to the
UNDERSIGNED under and by virtue of this Agreement.
B. The CITY may, without terminating this Agreement or taking over the
services, furnish the necessary materials, equipment, supplies and/or
help necessary to remedy the situation, at the expense of the
UNDERSIGNED.
ARTICLE XIV
ADJUSTMENTS IN SERVICES
No claims for extra services, additional services or changes in the services
will be made by the UNDERSIGNED without a written agreement with the CITY
prior to the performance of such services.
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ARTICLE XV
EXECUTION BECOMES EFFECTIVF
This Agreement will be effective upon execution of the contract by and between
the UNDERSIGNED and the CITY.
ARTICLE XVl
AGREEMENT AMENDMENTS
This Agreement contains the entire understanding of the parties with
respect to the subject matter hereof, and there are not oral understandings,
statements or stipulations bearing upon the meaning or effect of this Agreement,
which have not been incorporated herein. This Agreement may only be modified,
amended, supplemented or waived by a written instrument executed by the
parties except as may be otherwise provided therein.
ARTICLE XVll
GENDER AND NUMBER
The use of any gender in this Agreement shall be applicable to all
genders, and the use of singular number shall include the plural and conversely.
ARTICLE XVIII
NOTICES AND AUTHORITY
A. The UNDERSIGNED agrees to send all notices required under this
Agreement to the City Manager of the City of The Colony, or his/her
designee, at 6800 Main Street, The Colony, Texas 75056-1133. The
UNDERSIGNED understands that only the City Manager or his/her
designee has the authority to represent the CITY or bind the CITY
under this Agreement.
B. The CITY agrees to send all notices required under this Agreement to
the UNDERSIGNED at:
Teague Nail and Perkins, Inc.
J. Richard Perkins, P.E.
2001 W. Irving Blvd.
Irving, Texas 75061
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ARTICLE XlX
CLOSURE
SIGNED AND EFFECTIVE on the date last set forth below.
CITY: UNDERSIGNED:
City of The Colony, Texas Teague Nail,and Perkif~.
City Manager -
6800 Main Street ~t.~' Richard Perkir~s
The Colony, Texas 75056-1133 Title: Vice President
Address: 2001 W. Irvinq Blvd.
Irvinq, Texas 75061
Approved as to Form: Approved as to Content:
~'-~_~/" Ci[y Attorrjey - Department Director
Date: ~ ,/--//', ,~O~'~-~ Date:
' -
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EXHIBIT "A" to Agreement Between the City of
The Colony, Texas (CITY) and Teague Nail and
Perkins, Inc., Consulting Engineers
(UNDERSIGNED) for Professional
Engineering/Surveying Services, dated
/
SCOPE OF SERVICES
1. This is an exhibit attached to, made a part of, and incorporated by reference into the
Agreement made on '~ -/"'/~ ~ , ~ ~ ~ between CITY and
UNDERSIGNED providing for professional engineering services.
2. UNDERSIGNED shall prepare construction plans, details, specifications, permits,
and estimates for the following Phases:
EASTVALE AREA WATER SYSTEM IMPROVEMENT~
Phase I Eastvale Roadway Related Water Line Improvements:
· Oak Street (from FM 423 to end of cul-de-sac), 6" line.
· Overlake Drive (from FM 423 to the East end of street), 6" line.
· Pine Court (from Overlake Drive to the north end of street), 6" line.
· Elm Street (from SW Bell facilities north to E. Lake Highlands), 8" linel
· E. Lake Highlands (from FM 423 to Public Works Drive), 8" Line.
Phase II Water Line Improvements Along FM 423:
· FM 423 (from SW Bell facilities north to E. Lake Highlands), 8" line
east side of FM 423.
· FM 423 (from W. Lake Highlands r~orth to Oak Street, 8" line west
side of FM 423.
A. Improvements Include:
1. Abandonment (no removal) of all existing water lines and replacement
with 8" and 6" PVC water mains at the locations described above.
2. Replacement of all water service lines, meter boxes, and water
meters, and setting each new meter box to match the grade of the
proposed bar ditches.
3. UNDERSIGNED shall prepare all items listed below as required for
construction.
3. FINAL DESIGN PHASE:
A. The project will be designed by UNDERSIGNED in accordance with the
intent of the CITY. UNDERSIGNED shall prepare final construction
documents. The documents would represent an 80% stage review set.
The 80% stage review set of final documents will include:
Design plans and calculations:
1. Plan sheets.
2. Typical section detail(s).
B. Submit three (3) sets of 80% stage review documents to CITY for review and
approval.
C. Submit one (1) set of preliminary documents to each related franchised utility
company for their comments.
D. Prepare detailed final contract drawings and specifications for construction
as authorized by the CITY'S representative. These final contract drawings
will be considered the 95% stage review set and will include:
All items in the previous review plus:
1. Final design plans and calculations.
2. Preliminary construction quantity estimate and opinion of
probable construction cost.
3. Supplemental specifications, special provisions, proposals for
construction.
4. Preparation for franchised utility coordination.
5. Construction bidding assistance.
All engineering computations required for facilities included in the
project work shall be signed and dated by the person performing the
computations and shall also be signed and dated by the person
performing the checking of same. Computations shall be organized,
/
/ bound, and submitted with the final plans.
/
E. Prepare detailed opinions of probable construction cost and bid packet forms
for authorized construction.
F. Submit three (3) sets of 95% stage review documents to CITY for review and
approval.
G. Submit one set of 95% stage review documents to each franchised utility
company for coordination of their facility relocations as needed.
H. Incorporate all reasonable comments from above reviews and furnish the
CITY thirty (30) sets of copies of plans, contract documents, specifications,
and bid packet inclusive of notice to bidders and bidder's proposals for
bidding purposes.
4. CONSTRUCTION PHASE:
A. Assist the OWNER in advertisement for bids.
EXHIBIT "B" to Agreement Between the City of
The Colony, Texas (CITY) and Teague Nail and
Perkins, Inc., Consulting Engineers
(UNDERSIGNED) for Professional
Engineering/Surveying Services, dated
?
COMPENSATION
1. This is an exhibit attached to, made a part of, and incorporated by reference into the
Agreement made on -~-~..,~_. ~.t-.~C~-,~ :'~--between CITY and UNDERSIGNED
providing for professional engineering services.
2. UNDERSIGNED will accomplish the work outlined in the tasks presented in Exhibit
"A" of this amended Agreement for a reimbursable not-to-exceed fee of.$ 51,300.00. The
breakdown of cost is as follows:
ENGINEERING.
............................ $ 21,000.00
FM 423 DESIGN SURVEYS (if needed) .......... $ 7,000.00
EASEMENT PARCEL PREPARATION
[18 (maximum) parcels @ $1,250/each] .....$ 22,500.00
PRINTING/REPRODUCTION ................. $ 800.00
TOTAL MAXIMUM PROJECT COST ........... $ 51,300.00
3. The UNDERSIGNED's fee shall provide compensation for all design work,
drafting/CAD work, printing of review documents for the CITY and franchised utility
companies only, computations, and all other work required for the design of this Project.
Printing (up to 30 copies) required for bid packets is also a part of this Contract.
4. UNDERSIGNED will invoice the CITY for the value of partially completed services,
according to the services accomplished each month on a proportional basis of the overall
Project. UNDERSIGNED will invoice the CITY for direct expenses so incurred in providing
such services multiplied by a factor of 1.10.
5. All other services will be considered as additional services, performed at the request
of the CITY and billed as outlined in Item six (6) of this Exhibit "B".
6. The undertaking of UNDERSIGNED to perform professional services under this
amended Agreement extends only to those services specifically described herein. If, upon
the request of the CITY, UNDERSIGNED agrees to perform additional services ("Additional
Services") hereunder, the CITY shall pay UNDERSIGNED for the performance of such
Additional Services an amount (in addition to all other amounts payable under this
amended Agreement) equivalent to: (1) the hours expended by personnel for additional
services multiplied by the then current hourly rates of such personnel, and (2) the
reimbursable expenses ("Reimbursable Expenses") so incurred by UNDERSIGNED in
providing such services, multiplied by a factor of 1.10. UNDERSIGNED agrees to submit
a written estimate of costs for additional services. The CITY is only liable to pay for said
services after agreeing in writing to pay the cost submitted in the estimate.
a. Cost of maps, drawings and reports necessary for the conduct of the work
and not otherwise furnished by the CITY.
b. All costs of obtaining permits or fees required.
c. Special Consultants subject to prior approval by the CITY.
7. Invoices will be submitted by UNDERSIGNED to the CITY monthly for services
performed and expenses incurred pursuant to this amended Agreement during the prior
month. Payments on account for basic services shall b~ made monthly within thirty (30)
days of invoice. All invoices will be accompanied by a status report on all completed work.
- END OF EXHIBIT "B" -